Jioji Kotobalavu, a respected former Permanent Secretary in the Civil Service and current educator at the University of Fiji’s JDP School of Law, has provided insightful commentary on the ongoing challenges surrounding the review and amendment of Fiji’s 2013 Constitution. In a recent interview, he addressed the implications of the failed 2013 Constitution (Amendment Bill) 2025, which did not secure the required parliamentary majority, and the subsequent calls for Prime Minister Sitiveni Rabuka’s resignation.
Kotobalavu firmly believes that such calls for resignation are unreasonable, given the nature of the bill, which dealt with procedural changes rather than more fundamental legislation like the annual budget. He emphasized that constitutions need to evolve to meet the aspirations and changing needs of the people, citing that the current amendment procedures are overly burdensome and impractical.
He highlighted the challenges faced by the Opposition MPs, who found themselves torn between their loyalty to former Prime Minister Voreqe Bainimarama and the need for reforming outdated elements within the 2013 Constitution. Kotobalavu pointed out that the current constitutional provisions impede democratic processes, particularly regarding electoral thresholds that disadvantage smaller parties and limit fair representation.
Looking ahead, he noted that despite the setback, the government intends to seek an advisory opinion from the Supreme Court regarding the legitimacy of the 2013 Constitution. He argues that a truly democratic constitution requires the input and consent of the populace, contrasting the current document’s drafting process, which he describes as lacking significant public consultation.
The future steps for constitutional reform hinge on collaborative efforts between the government and opposition through a Joint Parliamentary Select Committee. This cooperative approach has been previously successful, as demonstrated during the creation of Fiji’s 1997 Constitution.
In light of these discussions, there is a hopeful narrative surrounding Fiji’s political landscape, suggesting that through renewed dialogue and engagement, the government may be able to forge a constitutional framework that reflects the diverse voices of the Fijian people, ultimately building a more inclusive and representative democracy.
This ongoing process of constitutional reform presents an opportunity for all stakeholders to contribute to a governance structure that prioritizes the needs and aspirations of Fiji’s citizens, enhancing democratic principles and cohesion within the nation.
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